Geographical Indication Protection: International Coordination & Improvement of Domestic System

Author: Guan Yuying
Abstract: Geographical Indications (GI) are part of China's rich traditional information resources as well as intellectual property recognized and protected by international treaties. Different countries have different concepts and models of GI protection, and the result of rule coordination is reflected in the relevant provisions of the TRIPS Agreement, which are also the basis for China to fulfill its obligations to protect GIs under various international trade agreements. At the domestic level, currently, China still has no unified legislation on GI registration, use, management, law enforcement, infringement remedies, etc. As a result, the relevant systems are scattered and inefficient and intersect and jumble together with other relevant systems such as systems of ordinary trademarks containing place names and group or certification regional collective trademarks. In view of this situation, which is not conducive to promoting brand building and local economic development, China should adopt unified legislation as soon as possible to provide for reasonable procedures and effective relief measures, consolidate the existing registered stock of GIs, eliminate the phenomenon of multiple GIs for the same place, and ensure that the relevant departments carry out classified management and law enforcement according to their respective institutional functions and responsibilities.
Key Words: geographical indication, international coordination, regional collective trademarks, unified legislation, classified management & law enforcement
Author: Guan Yuying, a research fellow at CASS Institute of Law;
Source: 4 (2023) Journal of Guizhou Provincial Party School.